Tragic situation. While not every day, to those of us in the business. Unfortunately not uncommon. I'm sure your lawyer is explore all options. For example, municipal liability and your auto policy. Not a fair system. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
Typically you are limited to the amount of coverage for the person who hit you. Did you carry uninsured or underinsured motorist coverage? This would give you another level of coverage for situations like this. Another option would be to sue the person who hit you personally but this is typically not worth your time.
This is why it's important for people to carry a high level of uninsured /underinsured coverage, in case they get seriously injured by some clown with low coverage. Part of your attorney's job is to investigate all potential sources of recovery, so if s/he is telling you $25k is all that's available, that's not a good sign. Sit down with your lawyer and get a full explanation. If that's all there is, it's unfortunate, but you may have no alternative
It really depends if the other driver was working at the time or may have been drunk. If not, the issue becomes do you have uninsured/underinsured motorist coverage. It also matters if anyone else in your household had a car with underinsured motorist. Feel free to call me at any time. 256-534-3435 or 1-800-752-1998
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If you have not settled already you could proceed with litigation and depending on the facts and timing you could potentially attempt to recover the assets of the person who caused the accident. My guess is that you lawyer already explored collection against anyone beyond the insurance and was not encouraged, the low limits is an indicator the party may not have funds to pay a judgment.
Under-insured motorist coverage is sold for this very situation.
As your lawyer to see if there are any other avenues for collection. You may be eligible for Social Security Disability.
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Unfortunately, we see this all the time. If the other party only had a 25k policy, you can either settle for that policy, or you can try the case and obtain a judgment against the other party, which you can then enforce against the other party's assets and salary. That judgment can be wiped out though in Bankruptcy unless the other party was intoxicated at the time time of the accident.
If your attorney does not want to go to trial to get a possibly collectible judgment, you may have to switch attorneys.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Was the person who hit you on the job? The company could be sued if this is the case. Does the person have assets? If so, don't settle the case and don't sign the release, take it to court. Also, whenever anyone retains a personal injury lawyer, they should get one with a low contingency fee, less than 30% with no costs deducted from you, so you are left with the lion's share of the settlement, not your lawyer.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
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